As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [1977, c. 2, §2 (NEW).]
1. Employee. “Employee” means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials; volunteer firefighters as defined in Title 30-A, section 3151; emergency medical service personnel; members and staff of the Consumer Advisory Board pursuant to Title 34-B, section 1216; members of the Maine National Guard but only while performing state active service pursuant to Title 37-B; sheriffs’ deputies as defined in Title 30-A, section 381 when they are serving orders pursuant to section 3135; and persons while performing a search and rescue activity when requested by a state, county or local governmental entity, but the term “employee” does not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity.
[ 2003, c. 489, §1 (AMD) .]
Terms Used In Maine Revised Statutes Title 14 Sec. 8102
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30-A, Part 2. See Maine Revised Statutes Title 15 Sec. 225
- Statute: A law passed by a legislature.
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 15 Sec. 225
1-A. Emergency medical service. “Emergency medical service” means:
A. A nonprofit, incorporated ambulance service or nontransporting emergency medical service licensed under Title 32, chapter 2-B, receiving full or partial financial support from or officially recognized by the State, a municipality or county or an entity created under Title 30-A, chapter 115 or 119, except when the emergency medical service is acting outside the scope of activities expressly authorized by the State, municipality, county or entity created under Title 30-A, chapter 115 or 119; and [2005, c. 398, §1 (NEW).]
B. A for-profit, incorporated ambulance service or nontransporting emergency medical service licensed under Title 32, chapter 2-B only when the emergency medical service is acting within the scope of emergency response activities expressly authorized by a contract between the emergency medical service and the State, municipality, county or entity created under Title 30-A, chapter 115 or 119. [2005, c. 398, §1 (NEW).]
[ 2005, c. 398, §1 (RPR) .]
2. Governmental entity. “Governmental entity” means and includes the State and political subdivisions as defined in subsection 3.
[ 1977, c. 2, §2 (NEW) .]
2-A. Permitted by this chapter or permitted under this chapter. “Permitted by this chapter” or “permitted under this chapter,” as applied to claims or actions against a governmental entity or its employees, shall be construed to include all claims or actions expressly authorized by this Act against a governmental entity and all common law claims or actions against employees for which immunity is not expressly provided by this Act.
[ 1985, c. 599, §§1, 4 (NEW) .]
3. Political subdivision. “Political subdivision” means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30-A, chapters 115 and 119, incorporated fire-fighting unit that is organized under Title 13-B and is officially recognized by any authority created by statute, quasi-municipal corporation and special purpose district, including, but not limited to, any water district, sanitary district, hospital district, school district of any type, an airport authority established pursuant to Title 6, chapter 10, any volunteer fire association as defined in Title 30-A, section 3151, a transit district as defined in Title 30-A, section 3501, subsection 1, a regional transportation corporation as defined in Title 30-A, section 3501, subsection 2, a transit district or regional transportation corporation formed under the laws of another state that would qualify as a transit district or regional transportation corporation under Title 30-A, chapter 163 if formed under the laws of this State and any emergency medical service.
[ 2011, c. 520, §1 (AMD) .]
4. State. “State” means the State of Maine or any office, department, agency, authority, commission, board, institution, hospital or other instrumentality of the State, including the Maine Turnpike Authority, the Maine Port Authority, the Northern New England Passenger Rail Authority, the Maine Community College System, the Maine Veterans’ Homes, the Maine Public Employees Retirement System, the Maine Military Authority and all such other state entities.
[ 2001, c. 374, §5 (AMD); 2003, c. 20, Pt. OO, §2 (AMD); 2003, c. 20, Pt. OO, §4 (AFF); 2007, c. 58, §3 (REV) .]
1977, c. 2, §§2,5 (NEW). 1977, c. 591, §6 (AMD). 1977, c. 696, §165 (AMD). 1979, c. 68, §5 (AMD). 1985, c. 599, §§1,4 (AMD). 1985, c. 695, §9 (AMD). 1985, c. 765, §3 (AMD). 1987, c. 11, §1 (AMD). 1987, c. 218, §1 (AMD). 1987, c. 386, §§1-3 (AMD). 1987, c. 737, §§C27,C28, C106 (AMD). 1987, c. 769, §A52 (AMD). 1989, c. 6, (AMD). 1989, c. 9, §2 (AMD). 1989, c. 104, §§C8,C10 (AMD). 1989, c. 233, (AMD). 1989, c. 349, §1 (AMD). 1989, c. 443, §21 (AMD). 1989, c. 878, §A42 (AMD). 1993, c. 410, §L44 (AMD). 1995, c. 161, §1 (AMD). 1995, c. 196, §D1 (AMD). 1995, c. 543, §1 (AMD). 1997, c. 234, §1 (AMD). 2001, c. 374, §5 (AMD). 2003, c. 20, §OO2 (AMD). 2003, c. 20, §OO4 (AFF). 2003, c. 489, §1 (AMD). 2005, c. 398, §1 (AMD). 2005, c. 399, §1 (AMD). 2007, c. 58, §3 (REV). 2007, c. 563, §2 (AMD). 2011, c. 520, §1 (AMD).